Specimen Form: Agreement of Employment

1. Employer's full name: ………………………. Domestic worker: ......................................

ID no: ......................................................... ID no: ............................…………

Home address: ........................................... Home address: ..........................................

Tel no: (h)........................... (w)....................... Tel no: (h)..................................................................

2. Occupation/description of work: ....................................................................................

Domestic worker’s general duties: .......................................................
In addition to her general duties, the domestic worker shall also carry out all other reasonable
tasks and duties directed by the employer or on the employer's behalf.

3. Details of employment
a. The employment shall commence on * / began on.........................................................
Select (b) or (c)
b. The employment is for a fixed period ending on.............................................................
c. The employment is for an indefinite period.
d. * The domestic worker will be on probation for .................months.
e. The domestic worker will live in/not live in. (delete)
f. Place of employment: .........................................................................................................
g. Also required to work at: ..................................................................................................

4. Working hours
a. Normal working hours

Days to be worked:-.......................................................................................................

* Applies only to a new domestic worker

Duty times, meals and other breaks
Mondays: ............................................................................................................................
Tuesdays……………………………………………………………………………………………
Wednesdays: .....................................................................................................................................
Thursdays………………………………………………………………………………………….
Fridays……………………………………………………………………………………………..
Saturdays…………………………………………………………………………………………..
 Total of normal weekly working hours Monday to Saturday: ............................................
The domestic worker acknowledges that the employer may need to change normal working
hours from time to time, and undertakes not to unreasonably withhold her consent to such
changes.
b. Sunday hours
Which Sundays to be worked: .................................................................................
Duty times and breaks: ................................................................................................
c. Public holidays to be worked: ........................................................................
The domestic worker shall be entitled to a paid holiday in respect of every other
public holiday, which falls on a day, which would otherwise be a working day for the
domestic worker, unless she agrees to work on that day.
d. Overtime
The domestic worker agrees to work overtime as requested by the employer on 24
hours’ notice to the domestic worker.
e. The domestic worker agrees to be on standby as requested. An allowance of R20.00
will be paid per shift.
f. The domestic worker agrees to perform night work as requested by the employer. An
allowance of R20.00 per shift will be paid over and above the usual wage.

5. Wage
a. Wage to be paid per day/week/fortnight/month (delete as appropriate)
b. Time and method of payment: .......................................................................................
c. Wage for normal working hours:
Basic wage per day/week/fortnight/month (delete)
excluding payment in kind:
The domestic worker agrees to the following deductions:
Nett wage per day/week/fortnight/month (delete): ..............................……………
d. Payment in kind to which the worker is entitled (egg food, clothing,
accommodation etc)
Value of payment in kind per wage period: ….......……………………………………
e. Any other cash payment the worker is entitled to: …………………………………….
f. Overtime wage:
The domestic worker shall be paid for overtime at one and a half times her normal
hourly wage. Alternatively, the employer may in his discretion pay the normal wage
and give the domestic thirty minutes off on full pay for every hour of overtime
worked, or give ninety minutes off on full pay for every hour of overtime worked.
 g. Public holiday wage:
i. The domestic is entitled to a paid holiday in respect of each public holiday
falling on a day when she would otherwise work, unless the employer
requires her to work on that day.
ii. If the domestic works on the public holiday and it is a day on which she
would normally work, then the employer shall pay the domestic double the
daily wage.
iii. If the domestic works on the public holiday and it is a day on which he/she
would not ordinarily work, the employer shall pay her the daily wage plus the
hourly wage for each hour actually worked.
h. Sunday wage
i. If the domestic ordinarily works on a Sunday, she shall be paid at one and
half times the normal hourly rate. If she does not, she shall be paid at twice
the normal hourly rate.
ii. No matter how short the time worked, the employer shall pay her an amount
at least equivalent to the normal daily wage, if this is more than (i) above.
iii Alternatively to (i) and (ii) above, and in the employer's sole discretion, the
employer may pay the domestic at her normal hourly rate and give her paid
time off equivalent to the extra owed to her in terms of (i) and (ii above. This
paid time off must be granted within one year of the worker becoming
entitled to it.

6. Notice periods for termination of employment agreement

In the first six months of employment the domestic worker and employer shall give the other
one week's notice of termination of this agreement of employment. After the first six months
of employment, each shall give the other no less than four weeks' notice of termination. The
employer and domestic worker may terminate the agreement without notice for any reason
valid in law.

7. Leave
Select one of the following three options:
The domestic worker will be entitled to three weeks of paid leave after each year of continued
employment. The dates for leave are subject to the approval of the employer.
The employer will grant paid leave at the rate of one day's leave for every 17 days worked.
The employer will grant paid leave at the rate of one hour's leave for every 17 hours worked.

8. Sick leave
a. During every sick-leave cycle of 36 months, the domestic is entitled to paid sick leave
equal to the number of days she would normally work during a period of six weeks.

b. During the first six months of continuous employment, however, the domestic is only
entitled to sick leave at the rate of one day's paid sick leave for every 26 days worked.
Sick leave due in the first leave cycle may be reduced by the number of days of paid
sick leave thus taken.
 c. The amount due for a day's sick leave is the same as the amount payable to the
domestic worker for the ordinary hours the domestic worker would have worked on
that day.

9. Other forms of leave

The domestic worker is entitled to five days of paid family responsibility leave during each 12
months of employment. The domestic is entitled to four consecutive months of unpaid
maternity leave.

10. Discipline
a. The domestic worker agrees to carry out the employer's instructions diligently and
conscientiously.
b. The domestic worker agrees to observe a high standard of honesty and integrity in
relation to the employer's household and the performance other duties.
c. Without limiting the types of misconduct which may result in disciplinary action
being taken against an domestic worker, the following are likely to result in such
action being taken: late coming/unpunctuality, absence without leave, fraud, minor
and gross negligence, disobedience, intoxication during working hours, theft,
violence against persons and property, verbal abuse or intimidation,
The employer may take any of the following steps against a worker guilty of misconduct,
with the proviso that he shall be guided by the guidelines set out in the Labour Relations Act
No 66/1995 in respect of discipline and dismissal for misconduct:
i. Informal advice and correction;
ii. A written or spoken first formal warning, valid for three months;
iii. A written or spoken second formal warning, valid for three months;
iv.A written or spoken final formal warning, valid for six months;
iv. Dismissal.

11. Termination of agreement

This agreement may be terminated on any of the following grounds:
a. Retrenchment of the domestic worker

b. Dismissal of the domestic worker for misconduct, poor work performance or

incapacity

c. Any other reason sufficient in law.

If the possibility of retrenchment or dismissal for misconduct, incapacity or poor work

performance is foreseen, the provisions of the Labour Relations Act 66/1995 will guide the
employer.
12. The employer and domestic intend the Basic Conditions of Employment Act (No 75 of 1997,
as amended) to apply to any matter not fully covered by this agreement.

………………………………. ………………………………….
Employer Domestic worker
Date:.................../.........................../...................... Date:.................. J.....................J..